Recently,
the Mint carried out an investigation, and has also referred to a report published by an Austrian Government entity, to examine the reported nexus between Government officials and patent agents from private law firms. Austria’s Wirtschaftsservice (AWS), an entity mandated to promote development of innovative firms and commercialize new technologies, in its report alleges the “widespread ‘collaboration’ and a “clear dependency of official examiners and legal representatives (patent agents) on patent drafting and searches that have been previously carried out in other national IPR jurisdictions.AWS prepared this Indian enquiry report for the Austrian ministry of commerce and labour after interviewing several officials at the four patent offices in Delhi, Kolkata, Chennai and Mumbai.
Filing approximately 90% of the patent applications at the patent offices in Delhi, Mumbai, Kolkata and Chennai, the report and the investigation have found that these patent agents have possibly forged strong relations in this Department, resulting in a significant conflict of interest and perhaps even bias in the patent grant process. Needless to state, such allegations if true, are highly detrimental to our “transparency” mission, a cause that we at SpicyIP have been fighting for ever since we started this blog in 2005.
Allegations of Corruption and BiasIt is rightly said that bias is easy to allege but difficult to prove. However the Mint Investigation has been careful enough to point fingers, where there exist evidence and disclaim any evidence of wrong doing, where none exist. 1. Patent Filing: What are the numbers? Who shoulders this burden?
The Mint report has stated that “India issued about 11,000 patents in 2007-08, which was almost double the annual number granted in 2006”. SpicyIP has done its bit and is laying the same out for our readers:
(Source: Annual Reports of the Controller General of Patents, Designs and Trademarks.)
How are these patents examined and granted in such a short span of time? Most people are left baffled. Can this be attributed to the super-efficient Patent Office? The Austrian AWS Report thinks not. “Considering that the Austrian patent office has 100 examiners and approximately 3,000 annual filings, it seems impossible that 155 or 230 examiners can handle more than 30,000 applications annually, unless they simply follow the research reports of US patent office and Japanese patent office (and the weight of bribery).”
In this context, the Mint quotes Shamnad here to explain as to why it is problematic to simply follow the reports of the US patent office “Since the US law is too liberal, any claims such as minor modifications, incremental innovations or even business methods are patentable, but Indian law doesn’t allow such claims for granting a monopoly, unless they contribute significantly to its use.”
I ran this post by Shamnad who stated that the above statement, though accurate in its overall message, was mis-stated and ought to have read thus:
“Since US law is relatively more liberal in granting patents, and routinely grants patents to software (which is for all practical purposes a “per se” grant) and to minor modifications, Indian law, which on the face of it is relatively more rigorous, cannot take the same course and ought to eschew such patents.”
But what about the appointed officers? Around 159 patent examiners started their work in 2004, but this number has been falling. Yet, the Patent Office “grants an average of 50 patents a working day with 120 patent examiners on its rolls”. Not surprising are cases that have made headlines such as the
Eureka Forbes and HUL case and the controversial patent of Bajaj-TVS twin spark controversy. SpicyIP was the first to highlight the rather strange double patenting case involving HUL and Eureka Forbes—a case that raised some serious issues about wrong doing on the patent office.Interestingly, the drastically decreased number of Patent officers can be attributed to three main causes- experts get poached by patent agents and large companies; available posts that remain vacant to date (70 according to the Mint Report); and lastly, the premature shortening of the tenure of some Patent Officers.
One such person, Mr. Murali Gopal Krishna, has filed a petition against the Department with the Central Administrative Tribunal against the department’s decision to cut his tenure prematurely.
In his interview with the Mint, he states that his objections to several patent applications filed was viewed with disapproval by the Superior Officer. Citing 36 patents granted to Software and Business Methods in the recent past despite their rejection in the First Examination Report, these statements by Mr. Krishna will certainly raise eyebrows.
{For our newer readers, the controversy surrounding Section 3 (k) of the Patents Act can be better explained through the Mint Report. Quoting Shamnad, the Mint in this article reports that “As of now, section 3(k) of the Indian Patents Act excludes ‘software’ per se and ‘business methods’ per se from patentability. What the term ‘per se’ means is not clear. In other words, as to what additional element has to be added to software or business methods to make them patentable is not known.” Therefore, whether such inventions actually are technological innovations worthy of protection is an ongoing debate and the grant of such patents will only fuel the same.}
Another officers appointed on a contractual basis, was discharged despite securing the approval of the parent department to extend deputation: all because he questioned unfair practices including a financial fraud involving nearly 200 patent applications early in 2005 being backdated to escape a fee of Rs. 400 per page for a patent agent filing from 1 January that year… which could have caused one patent office must have made a loss of at least Rs. 1-2 Crores”. All of this was dismissed by an assistant controller in the Chennai patent office as an “adjustment to not to charge the additional fee, which was notified in the ordinance, for a few days.”
Meanwhile, some state that the bigger problem of the grant of patents are the frivolous nature of some patents. “The implication of such decisions is serious, though the granting authority is not often very careful while taking the same,” said D. Vedaraman, a Mumbai-based consumer activist.
In the face of the AWS Report and impending reforms, how did the Patent Agents and Firms respond? The Mint reports, positively. Still ecstatic about their patent filing and near perfect patent grant rate, firms from across the country such as De Penning, RK Dewan and Co. who did talk to the Mint reported that most applications filed by them have in fact been granted a patent. As to whether this high grant rate was based on “merits” or on other external considerations is still not clear. 3. How much do Patent Agents charge? Are there hidden costs included- or are there other secrets yet to be unveiled?
Each application for a patent in India costs Rs. 1,000 for an individual, and Rs. 4,000 for a corporate applicant. However, law firms charge between “Rs. 40,000 and Rs. 225,000 as service charge per application”! The Mint is quick to state that law firms always have charges that differ widely from the actual cost of rendering the service, and singled out, these charges are no evidence of the any form of “interaction” with the patent office. In fact, the reason why the patent profession is so lucrative is because of these high fees—which may simply be representative of the kind of high end skills involved in drafting a patent application.
The most devastating allegation perhaps is that some Patent Examiners are engaged by law firms to write out the patent applications! Talk about a serious conflict of interest!
A Chennai based assistant patent controller couches this highly unethical practice as “moral help”. And the latter situation is one that exists not just in Chennai, but also allegedly in the Mumbai and Delhi Patent Offices, where the same “moral” help is “sought” , albeit with a high price tag. The evidence: Apparently, a look at the internal register of inward applications at any Patent Office would show several application yet unavailable in the public domain, this will be clear”- indicating a cover up of these operations.
SpicyIP reactsThe Report by AWS and the investigation by the Mint, have posed several very serious allegations on the working of the Patent Offices and patent agents. Patent grant rates are flying off the charts, and litigation involving any such patent is not only expensive but also time consuming. Questions as to the appointment and dismissal of the Patent Officers, sky rocketing patent grant rates and the highly unethical nexus between patent agents and patent office officials – all reflect on the increasing need to make the system more transparent.
SpicyIP has aimed to increase transparency in Indian intellectual property policy/institutions and, reports and investigations such as these cause grave concern. Keeping in mind that these are very grave allegations against officials that control the grant of patents in India, SpicyIP hopes that appropriate action is taken to look into the matter.
Though I never made any comment as anonymous but in this case I would prefer to remain unidentified. Corruption is quite rampant in the Indian Patent Office and I completely agree with what report has suggested. Also, it is true that many patent examiners write patent applications for companies which later are examined by them or their close colleagues in Patent Office. It is not only that law firms and examiners are involved in corruption but also some of the well-know patent agents/attorneys who publicly pretend to be experts but in practice only rely on corruption to buy patents. Yes you can buy patents in India and that also by paying mere thousand of rupees. Just within couple of years of my practice, I have witnessed many such instances. Getting patents from Indian Patent Office is more and less same like getting driving licenses from RTOs.
I dont think there is any point in being anonymous because the government has many ways to find out where you live. =)
It’s very easy to point a finger at anyone. Any disgruntled officer would point a finger at his senior.
Does the writer take into account that a Patent Agent hires employees to work on the merits of the subject matter and that the fee charged is to pay the employee??
Why does the writer think that a high fee is charged to bribe officers?
Does the writer understand the value of a Patent and the fee paid to the agent as compared top the benefits is just peanuts!!!
The increasing numbers of examined/granted patents is not by bribing but by evolution of the Indian Patent Practise and hard work done though lots still need to be done.
An biased and totally baseless report.
Firstly it must be understood by the writer that Patent Agent is a professional and he is ably qualified to be registered. He must be equally qualified and should have sufficient knowledge in Patent Law as that of the Patent Examiner himself. This must be respected at par with other professions like Doctors, Lawyers, CA’s etc. Why does the writer aim on malign the professional relation between the agents and examiner into a cozy/unethical relationship?
It is true that the number of patent applications has increased and the Patent Office lacks the numbers. However it must be appreciated that the work done by the Patent office and the training provided to them is now working and we are maturing towards an better and efficient patent system.
Filing by firms for multinational companies
It must be noted that 80% of applications filed in India are from foreign companies (any annual report of the Patent Office would confirm this) so it should not be surprising to anyone if a firm/firms file 80% application from Multinational companies. Further all applicants must have an address of services in India. Thus it is imminent that they must engage a firm to act on their behalf.
Patent cannot be bought
Any disgruntled officer would point a finger at his senior. If the IBM cases were said to be business method, then why no one has opposed it? It is stupid to put such charges when the journal is published and there are hundreds of people/companies having a watch especially on patent application of multinationals. So it is next to impossible to buy a patent and that too for a reputed company as it could never escape scrutiny of the public.
High filing before 2005 amendments
What is wrong at filing applications before the Act is in force? There is nothing illegal in it. Would not people buy things at discount and especially at the last date when you know the discount would be off next day? It must also be noted that some patent agents were in the committee to draft the Amendment, they must have come to know about this much before the ordinance was out. There is no proof that any illegal activity took place.
Boasting of firms about the grant rate.
Dewan clearly stated that they wouldn’t take case that was hard to crack. So there should be no surprise to people on their grant rate given their professional ability. While even my small firm of 4 agents can quote a success rate of 90% as the success rate is calculated on the number of cases actively prosecuted and the cases that are allowed to lapse by not filing a response (for various reasons including non patentability) are not taken into account. Only refusals after a response is filed is taken into account. While some firm is said to have a 95% success on filing is absurd. The writer must have misquoted or misunderstood their statement and their definition of success rate. Why does the writer not consider the professional ability of the agent/Firm to be able to come up with the better success rate?
Charges of Agents
It is baseless allegation that the Patent Agent charges are for bribery. The writer must accept the work involved from filing to Grant. Why then do lawyers charge so high on appearing on a hearing? Why do Doctors charge so high on a 1 hour Surgery? Experience and professional ability counts here and the writer must respect that.
Moral Help
While is regrettable that the Firms engage Examiners for drafting the cases. But the statement by the Controller has been grossly misinterpreted. I quote the exact words by the Controller as on the report
“We help applicants to highlight the claimable innovations in the applications. Patent drafting is very crucial in making the examiner convinced on the claims, and this is the art that often wins a grant. However, several individual applicants fail to make a perfect application though they are good at science and technology”.
Why is the writer misreading his statement? The Controller has clearly mentioned that the individual applicants/inventors need help during the process of Examination and drafting. There is a Public Relation Officer in every patent office to help the inventors in filing and other formalities. It is an admirable attitude by the Chennai office to support the individual inventors to such extent on moral background (read “not financial”). There have been so many efforts on making the Patent office more inventors friendly. So much that the Patent office should be made more inventor friendly and this is what they get for doing so? If they don’t help the inventors, the inventors have to come to agents to do that for them. Now the writer questions even that. What is the point the writer wants to prove here?
I think the writer is not aware of the patent practice in other countries. The EPO for one clearly at times states in its Examination report what should be the matter that should be claimed and what should not. Does the writer consider that unethical too?
Friendly must not be misinterpreted as corrupt.
Knowing the officials by no means lead interpret to bribing them. Think professional relationship.
The Chennai Patent office is one of the most efficient patent office and it is clear from the timelines and the number of granted patent. The writer must think about the efficiency rather than corruption. I for one practice at Chennai and find the office very efficient and friendly and that’s how all the other Offices should be.
Sorry to say this, but overall this report is aimed at attacking certain patent agents/firms and certain patent office on their efficiency in the name of investigative journalism based on baseless allegation. Rather it seems to be instigated by certain vested interests to malign the reputation of some firms and a certain patent office. I hope the writer brings out more reports like the Eureka Forbes vs. HUL rather than acting on such stupid allegation and misleading the general public.
I hope the other agents know what it takes to obtain a patent and explain in the forum on the work involved. Agents in Chennai should also appreciate the efficiency and honesty of Patent office. And stop misleading people that a patent can be granted through bribery.
Not going further into discussions, I cannot deny corruption in IPO. I have witnessed instances were official records are manipulated and documents are submitted with back-dated stamps. And coming down to patent examiners, it would be better not to talk about their understanding of patent law and technical subject. Even, it is not unusual practice that patent examiners with background in biology or mechanical engineering examining pharma/chemical applications. Yes I agree that patent agents are qualified professionals but in last few years it has become more a trend to become patent agents (as many consider patents lucrative career over other engineering/research options). Experience and professional abilities of many agents can easily be evaluated by going through terrible claims drafted by them (which not only fall short/lack claim drafting intricacies but also a proper English construction).
Firstly I would like to praise you for writing so unbashedly against the IPO (seems that you arent practising as yet to have levelled these allegations:) ). As a fresh practisioner who deviated towards Patents instead of a research job, its tough to accept that my professional career will involve facing this corruption. On the other hand refusing to bow to corruption means loosing clients to other firms which are willing to bribe to get their work done. I agree with the AWS report about the cosy relationship shared by the IPO and agents/law firms. The level of corruption at the IPO is indeed high.
To add to this, the level of transparency at the IPO is so low compared to the other patent offices, prosecution details/specification are still not available online freely. About the quality of the exmainers, I think one look at the FER’s sent to the client can help everyone judge their capabilities (atleast most of them).
The law also shields the IPO by washing it off all liabilities for a granted patent, leaving it to the public to oppose. Doesnt this kind of strong protection make the examiner and the IPO laidback knowing that they cannot be questioned.
@anonymous above:
It is true that most Patent Examiners are not on par with their counterparts on the other side when it comes to technical and legal knowledge.But what about the Assistant controllers who actually decide whether to give a patent or not? These are people from a previous generation with a typical babu mindset and can be manipulated through coercion or bribery. Many among them do not even know to operate a computer. This organization is just like any other arm of the Government,susceptible to all sorts of interference, unlike the USPTO or EPO where Examiners can work fearlessly. Patent Agents themselves are responsible for this situation as they approach the highest levels of power to get things done.There was an instance where an Assistant Controller in Chennai Patent Office was transferred on tour to Kolkata without any valid reason just because he was not willing to toe the line of a powerful Patent firm based in Chennai. This was supposed to be done at the orders of the Industry Minister himself.Examiners are forced to examine applications not related to their subject due to vested interests. Allotment of cases by superior officers depends on how ‘cooperative’ examiners are. Also, if a Chemistry Examiner is allotted mechanical cases, he/she might not be able to raise relevant and serious objections thereby enabling easy grant of patent.Applications by individuals are sought after by some controllers as they are more lucrative.
Yes it is true that patents are granted in India not on the quality of invention but on the basis of bribe given to Controllers. Whatever the examiner will raise the objections that wont mind for them, they will write granted eventhough there are valid objections, this is just for getting money.
I hereby would like to give another perspective to the people who feel that the patent system India is corruptible. Please note the following points and act relevantly,
1. File your questions to the patent office via RTI.
2. Suppose you know that a particular invention is granted baseless…then quote the patent number and file Post Grant Opposition.
There are lot of ways to know whether the patents granted are good or bad….why don’t you people go in a straight manner rather than giving bad critics that too from the people who are ditched from this patent offices because of their misbehavior. Their character and conduct is not at all good. How a spicy is giving such general opinion about a prestigious offices with these one or two persons statements. This is really the fact of journalism in India. First go in a legal way always. Then generalize the comments.
Great post Kruttika, aptly worded!
Dear Readers,
I would like to clear/ to be cleared some of the things from the above article and the comments.
Let us first deal what is corruption is. Possible ways of corruption in Patent system,
1. For mobilizing the patent applications
2. For issuing the receipts / patent certificates at the earliest
At most one can do with the money the above said corruptions in Patent office. Examiners are never ever involved in the above said ways.
In Europe patent drafting is being carried by the patent examiners as part time work. Moreover one should clearly understand the difficulty in writing patents. This is not publishing in International Journals. Even for that a research scholar knew very well the difficulties in publishing his own paper. Patent is summation of Legal and (Highly) technical documents. We can relate the patent drafting to the doctor’s work. The government doctor should not practice privately. CAN ANYONE HERE DISPROVE THAT THE GOVERNMENT DOCTORS ARE WORKING PRIVATELY?
As against the issuing of car licenses the advantage of patent system is that anyone can oppose an invention. That’s why this is always called ‘NEGATIVE RIGHT’ or unusual right compared to other rights. Of course I am not supporting the examiners who are drafting but it should be made legal in Indian scenario as in European scenarios.
Also one should aware of patent processes. If you feel like a patent is given for an application that does not involve
invention you can oppose that invention in the Patent Office, IPAB and High Court by filing relevant forms.
Actually I am unable to understand why the examiners are here pointed for corruption. Corruption means doing against law and forcing the people for silly things to be done. If anyone proves that the examiners are getting money for passing a particular file, it will be good. And Indian patent examiners are post graduates and very highly qualified that the government is not properly utilizing them.
So please know the facts before commenting. Because of examiners the patent office looks like an IT firm and functioning very fastly. NO ONE CAN DENY THE SAID ARGUMENT.
ONE GOOD THING HERE IS THAT THE AWARENESS WITH THE PUBLIC ON PATENTS HAD INCREASED COMPARED TO ESTER YEARS. BUT THE IN AND OUTS OF PATENT SYSTEM SHOULD BE KNOWN. IT IS HIGHLY TECHNO-LEGAL. EVEN LEADING LAWYERS ARE NOT AWARE OF PATENT PROCEDURES. SO COMMENTING ON PATENTING PROCEDURES LIKE COMMENTING ON THE OTHER PUBLIC INTERACTED GOVERNMENT OFFICES IS NOT LOOKING GOOD.
First, how many RTI applications you want us to file? Secondly, corruption is something faced by applicants and patent agents who prosecute patent applications at the Indian Patent Office so what is the point of post-grant opposition here? Anyhow I am not sure how many people reading this comment visit patent office, but if you have chance to visit patent office then test out the technical easy and depth of Indian Patent Examiners. Someone mentioned the word ‘prestigious’ in one of the above comment for IPO, are you serious? Also someone mentioned to compare Indian Patent Examiners at par with European Patent Examiners for writing patent applications. Now this is the joke of the year? Most Indian Examiners are not only bad in comprehending English but terrible in writing. As far as technical aspects are concerned, you can easily deceive them by framing any hypothetical explanation (believe it works or you can try it yourself).
Let’s not forget that applications are often filed in several jurisdictions, and that if a patent application is rejected in several other jurisdictions than India, any corresponding granted Indian patent cannot be succesfully exploited because the Indian courts will most certainly look to what has happened in the prosecution outside India. So, it does not make much sense to bribe Indian patent office examiners. Also, many applications that are filed internationally are filed via the PCT, and then the Indian examiner has the benefit of a PCT search & written opinion. If the PCT search & written opinion seems sound, why not rely on it? This may explain a high efficiency in the national phase before the Indian patent office.
For the kind of pittance they are giving in the name of salaries, The govt of India can’t get better examiners. Agents and others who criticize the patent office should be made to work in the patent office for at least a short span of time to realize the conditions under which examiners are forced to work. Another option would be to ‘import’ examiners from abroad. But even they would find the conditions in the patent office stifling and quit at the drop of a hat. A better option would be to shut down the patent office and stop granting patents. But that would be detrimental to the interests of firms who rake in humongous amounts for doing ‘post-office’ work. The monthly quota for an examiner is 10 applications per month in addition to amended cases,language classes, hearings, discussions with applicants/agents. The equivalent quota in developed countries is 5 per month.If this quota is reduced, it would reflect on the total number of granted patents and then this same blog will happily write an article on how inefficient Examiners are. Although there are black sheep among examiners, such reports are highly demoralizing to otherwise sincere, hardworking examiners in the patent office. But we are learning to take such things in our stride. Too much criticism sometimes can have the opposite effect.
I think the table is misleading. The columns Filed,Examined and Granted are not in par. Say 2006-2007 the number of applications filed are 28940, and that of examined are 14119 and that of granted are 7539.
If one sees this sequence, definitely it misleads. There is no relation ship between filed and examined and granted. The examined applications are 14119. Actually these applications might have been filed three years back and the examiners might send the first objections this year. also it involves bulk sending. Some may keep the files for a month to avoid last date’s congestion. Also examiners are not the only people in the system. There are lot of issues we should note before commenting. Examiners are acting on because of Controllers. They are not the only deciding authorities. It is as simple as blaming students in a school. The students are controlled by their teachers and headmasters and also parents. I think we need to discuss not the negatives but positives. It’s very easy to comment rather than to give suggestions for enhancements. GIVE SUGGESTIONS TO IMPROVE THE SYSTEM OTHERWISE THE PEOPLE WHO COMMENTS ON THE PATENT OFFICE ARE ALSO THE SAME GROUP “OF BIRDS”. THERE IS NO DIFFERENCE BETWEEN THE PERSONS WHO ARE CRITICIZED AND THE PERSONS WHO ARE TO BE CRITICIZED.
I think the table is misleading. The columns Filed,Examined and Granted are not in par. Say 2006-2007 the number of applications filed are 28940, and that of examined are 14119 and that of granted are 7539.
If one sees this sequence, definitely it misleads. There is no relation ship between filed and examined and granted. The examined applications are 14119. Actually these applications might have been filed three years back and the examiners might send the first objections this year. also it involves bulk sending. Some may keep the files for a month to avoid last date’s congestion. Also examiners are not the only people in the system. There are lot of issues we should note before commenting. Examiners are acting on because of Controllers. They are not the only deciding authorities. It is as simple as blaming students in a school. The students are controlled by their teachers and headmasters and also parents. I think we need to discuss not the negatives but positives. It’s very easy to comment rather than to give suggestions for enhancements. GIVE SUGGESTIONS TO IMPROVE THE SYSTEM OTHERWISE THE PEOPLE WHO COMMENTS ON THE PATENT OFFICE ARE ALSO THE SAME GROUP “OF BIRDS”. THERE IS NO DIFFERENCE BETWEEN THE PERSONS WHO ARE CRITICIZED AND THE PERSONS WHO ARE TO BE CRITICIZED.
Salary: I completely agree with disparity level of salary offered in private sectors/law firms and the Indian Patent Office, but what is important to know that there are many working in private sectors/law firms who do not rake high salaries. Only few are privileged to get handsome salaries … I know people with not more than 3 years experience but getting salary in the range of Rs. 15 lakhs (u will be surprised that there are few with 8-10 years of patent experience and getting salaries in the range of Rs. 50-75 lakhs) but obviously the level of their patent understanding are far superior compared to counterparts. As far as patent examiners are concerned what else they can ask for … big cabins, babu-style working, no performance evaluation, no overtime and importantly government perks and privileges. But most of the professionals working in private sectors/law firms do not have any type of perks and privileges (particularly offered by Government and we all know value of government perks in India), secondly high-performance pressure, demanding workload and overtime, and most important to stay updated with case laws and market dynamics. There are many instances where professionals working in private sectors diligently analyze more than 15-20 products/processes for patentability/patent clearance in a month in addition to their routine work. I know few cases where patent examiners left patent office and joined private companies just for higher salaries but later struggled to sustain in competitive environment.
First off, I would like to thank all our readers for the overwhelming response to the post.
Quite honestly, being a student, I am yet unfamiliar with the functioning of the Indian Patent Offices in practice. However, as bloggers on SpicyIP, we all aim to highlight the need for transparency in the Indian IP Regimen. With such a background, for us to ignore an investgation carried out by an independent body such as the Mint would be doing injustice to the blog.
Secondly, while there are several persons who have spoken out vehemently against the Report, these are but allegations and nothing has been proven yet. However, after an examination into the AWS Report, it is troubling to find that the both reports state similar problems in the system. In a situation such as this, it is impossible not to examine the same- since they are serious allegations, and here at SpicyIP, we hope the relevant arm of the Government is doing the same.
yes indian patent system is completely corrupted, some time patent examiner will grant patent on basis of per claim corruption price. If individual applicant file a patent and patent has an novel but it not granted because, according to my practice patent examiner or Asst. controller encourage for corruption in lack RS.
Hence there is no value for patent in india.
In india most of corruption done in mumbai patent office more perticulerly patent examiner in elctronic and relectrd subject matter they encourage individual application for corruption granting of patent on claim besis
In my view if any one file patent if it is novel, inventive step then plz grant this patent but not happen in indian patent office examinor demand mony for granting patent or claim, if applicant unable to pay then he site non relevant patent, take unusal objection by examinor and refuse patent under section 2 etc. Hence it affect on science and development